US House Subcommittee Adopts Carcieri ‘Fix’ - Faces Uncertain Future In Senate

All right where were we…

Last week a “fix” to a 2009 US Supreme Court ruling limiting the US Department of Interior’s ability to place land in trust for American Indian tribes was adopted by a US House subcommittee and included in an appropriations bill.

While Carcieri v. Salazar has been largely portrayed in the media as a gambling issue, Indian advocates contend the ruling would hinder efforts by tribes recognized after 1934 to have land placed in trust status for any business enterprise and governmental purpose.

Political consultant Jana McKeag, a member of the Cherokee Nation of Oklahoma said, ““The sad thing is this decision holds up a lot of applications to place land into trust for all types of businesses and things like schools and health clinics. It places tribes recognized after 1934 in a kind of limbo status.”

Rep. Tom Cole (R-Okla.) and a citizen of the Chickasaw Nation stated,” Without this language, the standard set forth in Carcieri v. Salazar will be devastating to tribal sovereignty and economic development. Resolving any ambiguity in the Indian Reorganization Act is vital to protecting tribal interests and avoiding costly and protracted litigation.”

Others noted the tumultuous election year atmosphere and how congress will enact appropriations bills.

The leaders of 17 tribal organizations submitted a letter to Senate Committee Chairman Byron Dorgan, D-N.D., stating that failing to address the Carcieri ruling would result in “irrevocable damage…to tribal sovereignty, tribal culture and the federal trust responsibility.”

Full Article here:
http://www.gamblingcompliance.com/node/43768